Should You Strong Arm The Insurance Adjuster?

The first thing that you need to know is the kind of work that the adjuster is going to do. This is the person who’s going to handle your entire case and he is the one who is going to officially make the settlement proposals. With this in mind, there are quite a few things that you might want to take into account when dealing with him in order to go ahead and get the most out of your proposal.

The first thing that you need to determine is whether or not you will be able to strong arm him. On theory, you will be able to but you should do so only in certain situations, so let’s walk through it.

The initial stage

At first the insurance adjuster is going to begin by conducting a proper investigation of your case. He is going to ensure that he has all the necessary information before he proceeds to making an offer. This is a lengthy process which is going to take some time. Here, you should interfere only to help. Don’t go ahead and think about pushing him because that’s only going to backfire on you. There are tons of legislative opportunities which will allow the adjuster to delay your claim and you don’t want to take that chance. That is why this is the right time to hire the services of an injury lawyer in Ontario.

Rejecting the proposal

Whenever you reject a low ball proposal on behalf of the insurance adjuster, you are going to need to have something to respond with – the best thing you can do is to get a motion for a personal injury lawsuit prepared and attached. Simply say that you don’t feel like the proposal is suitable and you intend on getting the matter resolved through the court. This is going to get you the much needed attention and he’s going to start proposing regular amounts.

The thing is, insurance adjusters aren’t going to want to go to court. This puts them over a barrel because they don’t want to risk paying the full amount that is due on top of the lawyer fees, court taxes and the interest for the delayed payment. Even though you might lose the case, the insurance company isn’t going to be willing to invest in the case on the off chance of saving a small amount. That’s why it’s going to respond with a bigger offer. Now, you should also take into account the fact that a trial is going to be particularly lengthy. You will be in court for at least a couple of years, meaning that you are nowhere near seeing that compensation. That’s why you should also weigh the pros and cons and see  if it is or is not a good idea to compromise and get a lower settlement right on the spot.

 

Are Traumatic Brain Injuries Due to Accidents Covered by Tort Laws?

It’s worth noting that there are quite a lot of different causes that may lead to a traumatic brain injury. Not all of them are particularly dangerous and some might only lead to a small concussion but others could leave you impaired for life. With this in mind, let’s go ahead and take a look at the common reasons for brain injuries as well as why they are categorized as Catastrophic Injuries, severe and dramatic. As we mentioned above, there are certain causes which are rather common when it comes to brain injuries. With this in mind, let’s go ahead and take a look.

Car accidents

Of course, car accidents lead the way when it comes to all sorts of injuries. This is due to the fact that there are way too many of them which tend to happen on a rather regular basis. Car accidents are dangerous and a lot of them lead to orthopedic, brain injuries and even to death.

Motorcycle accidents

Even though the biker is usually going to wear a protective helmet, that’s about as much protection as he gets. At high speed in the event of an accident the helmet is going to provide some protection but it’s definitely not going to be enough.

Slip & fall

This is another quite common cause for traumatic brain injuries. When you slip and fall you are most likely going to damage the back of your head, which is particularly dangerous. It’s important to be particularly careful because this could lead to some very serious consequences.

Consequences of Brain Injuries

One of the reasons for which the severity of the injuries is so definitive is because the brain is the organ which controls the functioning of our entire body. With this in mind, even the slightest alteration and impairment could lead to some potential devastating results. This is why brain injuries are so dangerous. The main damages that stem from brain injuries are pain and suffering as well as emotional turmoil and some straightforward claims for loss of wager and others of the kind. Furthermore, if the patient suffers from some permanent mental disorders as a result of the brain injury he is also entitled to a pension. Of course, the consequences of each accident and which are related to the brain injury are going to be particularly different and strongly individual. This is why you will need an expert and experienced personal injury lawyer for him to help you out in a situation of the kind. Brain injury cases are not easy to carry on and they require a lot of expertise. Usually, these lead to debilitating injuries or permanent disabilities. If you or a loved one has suffered TBI in any accident, they are eligible for higher compensation as continued rehabilitation, medical treatment and caregivers.

Types and Solutions for Slip and Fall Accidents

Slip and fall accidents are often, that goes without saying. However, there are a few different things that should be taken into consideration when it comes to it. For instance, the location of the accident is going to have a tremendous impact on the potential personal injury claim as it’s going to determine the defendant. This is the person that you are going to direct the claim towards in order to get the necessary compensation.

The most common case of slip and fall accident is during winter times when the walking conditions are particularly challenging. Walkways, regardless of how often they get cleaned, are going to get frozen and they provide real danger for slipping and falling. With this in mind, determining the entity to file your claim against is particularly important. If that’s the case, you should file your claim towards the municipality in which the accident has happened. This is due to the fact that it bears the responsibility of providing safe walking conditions for its citizens.

There are quite a lot of things that you’d have to take into account, however. Right off the bat, you are legally required to notify the municipality of your intentions to sue within 7 days after the accident. The municipality is then going to have 6 months in order to assess the case and provide you with compensation. If it doesn’t do that within the specified time period you would be given the chance of pursuing the matters to court. The terms are questionable as there is a significant difference between the defendant’s response term in case of it being a governmental entity or a regular civil one. In the latter case, the response term is only 2 months.

Occupier’s Liability Act

In any case, the other type of slip and fall claim that you can file is towards a regular civil body – owner of the premise that you felt on. In this case, the legal provision that you’d be taking into account to build your case is Occupier’s Liability Act. It contains clear provisions as to what can be constituted as a premise and who is the liable party.

However, it’s highly advisable that you take your case to a professional personal injury lawyer as there are a lot of potential underwater stones that might trip you over. Keep in mind that even though all of this might seem fairly straightforward, there are loads of procedural requirements that have to be taken into consideration. Failing to do so could result in a denied claim and no compensation for your injuries. In order not to gamble with it, it’s best if you turn to a professional.

Most of the injury lawyers have plenty of experience working with victims of slip and fall injuries. With plenty of lawyers offering their expert services, it is easy to find someone that you feel comfortable with.

Key Considerations for Eligibility To File Medical Malpractice Cases

Now, medical malpractice is a particularly interesting and yet overwhelming area of personal injury law. The truth is that there’s nothing more concerning for a victim than the possibility of his medical doctor, the person who’s solely responsible for his entire recovery and in certain situations – his life, to fail because of negligence. Of course, not every single mistake could be considered as negligence and there are quite a lot of things that have to be taken into account in order to be eligible for a medical malpractice claim. Let’s take a look at the standpoints of a case of the kind and walk through the process itself.

Right off the bat, you are going to need three different cumulatively present conditions in order to be even eligible for filing a medical malpractice claim.

1.    Negligence. This is something which is present in every single personal injury claim and that’s basically the differentiating factor which sets apart criminal and civil law in Canada. In civil law we have a perpetrator who unintentionally or without understanding the full scale of his actions is committing something that cause injuries. So, in the event of medical malpractice, not every misdiagnosis is going to lead to a claimable merit. Only those which were brought upon negligently.

 

2.    Damages. Interestingly enough, even if you don’t suffer any physical damages you can still file for medical malpractice. For instance, you could have been told that you suffer from a cancerous disease. As you know, a fatal diagnosis of the kind is capable of completely turning your life around. You stop taking joy out of occasion which you used to love, you lose motivation to fight and to advance your career and so on and so forth. In other words – you incur tremendous emotional turmoil without exhibiting any physical symptoms.

 

3.    Causality. The causality is the effective link between the negligent behavior of the treating doctor and the damages themselves. For instance, the emotional damages which were described in the previous point can only be claimed if they derive directly from the misdiagnosis. This is an imperative rule which places particularly effective and convenient limits and borderlines in order to protect the overall legal security of society.

As you can see, even if you’ve been subjected to some sort of injuries in the hospital while you were getting your treatment executed, you might not be eligible to file a claim. It’s definitely best, if you contact a personal injury lawyer in order for him to take a look into your case and hope you find the best chain of action that’s going to get you compensated for your troubles.

If you need to take the claim further, it is important to ensure that the lawyer you have hired is experienced and has relevant experience in similar cases. Look online or get referrals to schedule an interview with the lawyer.

Importance Of Family Doctor For Your Long Term Disability Claim

Personal injury law and the claims associated with it could get quite overwhelming at times as there are tons of things that have to be taken into account. However, when it comes down to it, you have to understand that one of the most important figures in the context of your long term disability claim can be your own personal family doctor.

Now, unlike in the USA, as a citizen of Canada, visiting a medical doctor is free of charge. This is a particularly stellar consideration that needs to be taken into account. From a medical perspective you don’t have to pay tremendous amounts of money in order to get better. From a legal perspective it puts the victim in the driver seat to build his case with thorough and extensive medical evidence. And, when it comes to long term disability claims, you have to understand that they are built upon nothing but evidence.

The plaintiff has to be able to prove their case as well as their oral testimony in order to get the compensation that he’s going for. This is where the family doctor comes into the picture in order to provide you with a tremendously helping hand. Each time you visit your own personal family doctor, he is supposed to take particulate notes which contain information regarding your complaint as well as the medical opinion, diagnosis, prognosis, treatment recommendations and quite a lot of other things. These are the things that your injury lawyer is going to rely on in order to make a proper long term disability claim. They provide thorough and clear insight in the nature of your injury, complaints and pain as well as the quality of the life.

So, if the medical note of your family doctor says that you’ve appeared in fine condition without exhibiting any symptoms of significant pain, it’s highly unlikely that you can build a case for long term disability built on the premise of severe chronic suffering.  However, it is important that the injury is evaluated properly immediately after you get injured. Keep the documentation and diagnostic reports safely because they will be needed when you file for a claim.

These sorts of records are particularly important and valuable in terms of evidence in any personal injury case. Of course, the role that your family doctor plays in the entire situation is far more important than just serving as a carrier for certain notes. He’s going to be there for your complaints and he’s going to make sure that everything that’s required is taken care of. With this in mind, he might as well turn to be the person that you can rely upon the most. He’s the professional who’s going to refer you to x-rays, MRIs, CT scans and whatever you can think of and he’s the one who’s going to exercise preliminary treatment plans.